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- MORE RADICAL SLANDERS. ♦

ST. MARTIN'S WELSH CHURCH.…

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THE VALUE OF BUILDING LAND…

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THE VALUE OF BUILDING LAND AT CHESTER. 0 IMPORTANT ARBITRATION CASE. At the Surveyors' Institution, on Thursday, Mr. Elias Pitts Squarey, P.P.S.I. (Messrs. Rawlence and Squarey, of London and Salis- bury), sat as sole arbitrator in the case of the 'Trustees of Lord Kilmorey's Chester estate v. London and North Western Railway,' in which compensation was claimed in respect of the acquisition of a quantity of building land at Chester, the property of the trustees, by the railway company for the purposes of the Birkenhead and Chester widening. There was also a claim for consequential damage. Mr. Honoratus Lloyd (instructed by Messrs- Walker, Smith and Way, of Chester) was coun- sel for the claimants and Mr. Montague Shearman (instructed by Messrs. Williams and James, Norfolk House, Norfolk street, W.C.) for the railway company. The substantial area of the property taken was stated by counsel to be 2.329 square yards. The land, which was described as being most suitable for building purposes, abuts upon the road known as Brook-lane, which, in that part, is just outside the city boundary. It is ap- proached in two ways, either by way of North- gate street and Liverpool road, and then by Brook-lane, or over the railway bridge by way of Ermine-road, the latter thoroughfare being newly constructed and affording direct access to the city and the General Railway Station. Proceeding to describe the advantages of the property as building land, counsel said it was situated in a favourite residential district. At Chester residences of a high rental were very difficult to let, but houses which would let at from L18 to JE45 a year were immediately occu- pied, the demand for this class being very great. These were the kind of houses to be found in the neighbourhood in question, and a number of very satisfactory sales and lettings had recently taken plaoe. Other advantages possessed by the property were its close proxi- mity to Messrs. Dickson's celebrated nursery and gardens, and the fact that the land was drained into the city sewers. Having made the customary statement as to value, Mr. Lloyd called Mr. Henry Shaw Whalley, F.S.I., of 3 Hunter-street, Town Hall Square, Chester, who said he was intimately acquainted with the district in question. Witness; had acted for nearly all the owners of building land in the locality. He produced a plan shewing the position of Lord Kilmorey's estate, and also recent sales of land. The property taken was approached from the city of Chester by two roads. Ermine-road, which was one means of access, was a new thoroughfare, and its forma- tion had, in witness' opinion, considerably enhanced the value of the land, the road being the direct way to and from the General Rail- way Station. This road was constructed at the instance of Lord Kilmorey, for the express pur- pose of developing his estate. Near to the properly was an existing main sewer, which had been constructed under Parliamentary powers by arrangement with the Chester Cor- poration. This joined the city sewers, and was, of course, a great advantage, inasmuch as drainage was immediately available. His measurement of the land taken was 2,305 square yards, which he had placed at an average of 6s. per yard, or 9691 10s. To this amount witness had added the customary 10 per cent., £ 69 3s., making X760 13a. An area of 1,775 square yards had been injuriously affected, and he bad placed this at 2s. per yard, or exactly one-third its original value. The injurious affection was caused by severance, the remain- ing plot being very inconvenient for building purposes. His total valuation was.6938 3s., and with his knowledge of the district witness would not have the slightest hesitation in giving that price himself. By Mr. SHEARMAN For the purposes of the claim the land had in the first instance been valued by witness at 5s. 6d. per yard. This valuation, however, was made on March 8,1897, and there had been a considerable improvement since then. The land was suitable for the erection of houses of from 118 to X25 a year rental. These could not be correctly described as workingmen's cottages. Witness did not consider it a great disadvantage to have cart-loads of manure conveyed close by to Messrs. Dicksons' nurseries. Asked whether, in making his valuation, witness bad had any regard to the fact that a piece of land was being given up by the company to Lord Kilmorey, Mr. Whalley replied in the affirmative, and said that the reason why he had not mentioned a price was that he considered the land given by the company compensated Lord Kilmorey for the damage done to the other side of the road. In other words, the advantage covered the damage, and the one paid for the other. Re-examined: His advice in 1897 was given upon certain information. When witness valued the land at 5s. 6d. per yard he made it perfectly clear that there was no margin for treating. Having regard to his experience since he was inclined to think that he had under-estimated its value. Mr. T. M. Lockwood, F.R.I.B.A., of Chester, said he had practised in that city for 40 years as architect and surveyor. He was well acquainted with the property in question, and agreed with Mr. Whalley's statement as to its advantageous position. He practically adopted the valuation already given. Mr. John J. Cunnah, surveyor and valuer, also of Chester, and Mr. Henry Hartley, F.S.I., Bristow Chambers, 8, Harrington-street, Liverpool, also adopted Mr. Whalley's valuation, and for this reason were not cross-examined. Mr. Thomas T. Wainwright, F.S.I., of 13, Union-court, Castle-street, Liverpool, with 35 years' experience, said he had dealings with property in the neighbourhood of Chester, and had watched the growth of the city for the last 20 years-at first slowly, but in the last' few years more rapidly. The two plots in question were ripening; they had a building element in them, but they were hardly suitable for building at present. His figures were1,549 square yards of land of irregular shape on west side of Ermine-road, at 2s. 6d. per yard (£600 per acre), X193 12s. 6d.; 756 square yards on east side of Ermine-road, at 3s. 6d. per yard (£850 per acre), R132 6d.; five trees, X2 10s.; forced sale, 10 per cent., R32 16s. lOd.; conse- quential damages—1,462 square yards, depre- ciated 25 per cent. on 3s. 6d. per yard, or 101d. per yard, 471 16s. 9d. total, 9433 2s. Id. Mr. Wainwright said that as regarded 116 square yards, the company were to take up the existing road, remove fences and make the site into building land, transferring the area to Lord Kilmorey. Its then value would be full compensation for any alteration of levels that might occur. The two plots would become ripe in some years' time, for houses of R15 to X18 a year rental. One-third of the land at the west end would be practically waste for build- ing, owing to the small depths. Cross-examined He had dealt with cases of compensation for land on the opposite side of the road, and could give the prices paid for land in the vicinity. Mr. LLOYD then made a general challenge as to prices in the whole district. Witness was about to produce documents, when the Arbitrator and counsel suggested that the fresh cases could not be properly gone into. Mr. Wainwright said it was a question of time for the land to be developed, and perhaps it would be worth 8d. per yard more when thoroughly ripe. He knew there were a sewer and gas laid on within a reasonable distance, but not on the spot. Mr. John White, F.S.I, (of Messrs. White, Maelvor and Co., Warrington), said he was agent for several estates in different parts of Cheshire. His valuation was as follows:— 1,422 square yards, divided into two portions- corner piece, 750 square yards, frontage 80ft. to Brook-lane, at 4s. 2d. per square yard, and the remainder (being beyond a buiding depth of 66ft.), at Is. per yard as garden land, X189 17s.; 756 yards, less 136 yards given back, 620 yards at 4s. 2d. per yard, X129 3s. 4d.; five trees, X2; add 10 per cent., X32 10s.; injury to 400 square yards of land, having depths extending to 66ft., at one-half, or 2s. Id. per yard, X41 5s. 4d.; land to be made up by agreement, E5; 125 square yards at 4s. 2d. per yard, added since, and 10 per cent., X28 12s.; total, R428 7s. 8d. Mr. White said the land would eventually be developed for houses of X15 to X18 a year nett. The value of the two plots was less than the surrounding land because one was of irre- gular shape and the other was of a greater depth than was required for the property to be put upon it. Cross-examined: The land was just outside the municipal boundary of Chester and had benefited thereby, and it had several advan- tages. It could, only be used for a certain kind of property, and would not be built on at once. He should not complain of 5s. per yard provided the land was of reasonable shape and could be developed as the adjoining land bad been. Mr. Whalley, recalled by the Arbitrator, said he should say there was no other applica- tion to which the land could be used other than for the erection of cottages and houses. Better prices were obtained for land at Chester for such purposes in proportion than for larger houses. The water and gas were laid on within 166 yards of the property. Mr SHEARMAN, in his address on the whole case, argued that the land was not the choice plot ripe for building that had been represented. He submitted that some value must be attri- buted to the 136 square yards given back by the railway company, and that its price bore some analogy to the value of the other land. Mr. HONORATUS LLOYD, in reply, said this land was by no means the pick of the Kilmorey estates, but the railway company said they could not find a worse part. It was not a test that the land was ripe to say the gas, water and drains must be laid on before building com- menced, because there were spots on the estate where no such advantages existed and yet houses had been sold. If the land was ripe for building, the parties agreed that the claimants' case was proved, and even if development was deferred four or five years how could the rail- way company justify the difference between 3s. 6d. and 5s. 6d. per yard ? -The Arbitrator reserved his award.

CHESTER CONSISTORY COURT.

THE PLUMBER AND THE BUILDER.…

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HARVEST FESTIVALS. ♦

[No title]

RAILWAY ACCIDENT AT UPTON.

AN ODD EXPLANATION.

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Saturfcag's football.

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WIRRAL BOARD OF GUARDIANS.…

ACTION BY A HAWARDEN INNKEEPER.…

FUNERAL OF MR. ROBERT HUNTER.…

MR. G. WYNDHAM'S PROSPECTS.…

SULPHOLINE SKIN LOTION.